Should I be able to access to Teresa Holmes' Facebook page?
She does block me from her "DrTeresa [sic] Holmes" page. Can she do so legally?
Holmes is an elected person. I won't refer to her as an "elected official", because she has never taken the oath-of-office legally. An oath was administered to her on November 13, 2018, but that was three full weeks before she first became eligible to take it.
However, she considers herself a public official, as does Richland 2.
She was required to take the oath-of-office (legally) before commencing the duties of the office. Yet she was allowed to attend her first executive session (November 13, 2018) and then vote on board motions before her term of office had even begun (November 16, 2018). She filed her SEI on December 4, 2018 and has never taken the oath-of-office since that date.
SECTION 8-13-1110. Persons required to file statement of economic interests.
(A) No public official, regardless of compensation, and no public member or public employee as designated in subsection (B) may take the oath of office or enter upon his official responsibilities unless he has filed a statement of economic interests in accordance with the provisions of this chapter with the appropriate supervisory office.
(A) No public official, regardless of compensation, and no public member or public employee as designated in subsection (B) may take the oath of office or enter upon his official responsibilities unless he has filed a statement of economic interests in accordance with the provisions of this chapter with the appropriate supervisory office.
The U.S. Fourth Circuit Court of Appeals ruled in January 2019 that "the interactive portion of a public official’s Facebook page is a “public forum,” so an official cannot block people from it because of the opinions they hold." [Source: ACLU blog]
The article continues: "As the court rightly held, that includes any time that they’re controlling a Facebook page they maintain in their official roles. Specifically, the court recognized that when a public official uses a Facebook page as a tool of governance — that is, when she uses it to inform the public about her government work, solicits input on policy issues through the page, and swathes it “in the trappings of her office” — she is controlling the page as a government actor.
"And if she opens that page to public comment, the interactive space of the Facebook page constitutes a public forum." ibid.
That decision was in the Fourth Circuit Court of Appeals; it was a Virginia case. Columbia, S.C. is in the jurisdiction of the same Federal Court of Appeals.
Maybe I'll have a pay to visit to the ACLU office this next week.
I wonder. Would Teresa ask Richland 2 to pay her legal fees to defend her blocking me from her Facebook page? Would Supt. Davis just put her invoice through Accounting? Or would he say, "No way, José. You're on your own"?
Many thanks to the reader and friend who tipped me off to that article!
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